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Criminal Law

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The Catholic University of America, Columbus School of Law

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2015

Articles 1 - 4 of 4

Full-Text Articles in Law

Gideon’S Army And The Central Theme Of Poverty, Cara H. Drinan Jan 2015

Gideon’S Army And The Central Theme Of Poverty, Cara H. Drinan

Scholarly Articles

Gideon’s Army, a powerful documentary film that follows the work of three public defenders in the South, provides a window into the well documented dysfunction of most public defender offices across the country. While following the life and work of these public defenders—Travis Williams, Brandy Alexander, and June Hardwick—the viewer sees what the academic literature has documented for decades: public defenders carry caseloads that are multiples of professional guidelines; compensation for public defenders is so paltry that many are barely making ends meet; the offices in which they work are resource-starved; guilty pleas are the default; and the public …


Juvenile Sentencing Post-Miller: Preventive And Corrective Measures, Cara H. Drinan Jan 2015

Juvenile Sentencing Post-Miller: Preventive And Corrective Measures, Cara H. Drinan

Scholarly Articles

At the end of the twentieth century, the United States was an international outlier in the severity of its juvenile sentencing practices despite having invented the juvenile court model one century earlier. Today, juvenile sentencing reform is underway, particularly in the wake of recent Supreme Court decisions that have cabined the states’ capacity to impose extreme sentences on juveniles. In this Article, I propose two additional reform measures that would help to rationalize the sentences imposed on children in the American criminal justice system—one on the front end of the system and one on the back end. In particular, on …


The Third Dimension Of Victimization, Mary Graw Leary Jan 2015

The Third Dimension Of Victimization, Mary Graw Leary

Scholarly Articles

This article advocates for consideration of a restructuring of criminal laws at a basic level. It argues for the recognition of a third dimension of victimization. States must review criminal codes and restructure them to recognize the many new forms of victimization that are achieved digitally. Because of the uniquely pernicious harms of digital victimization, current criminal codes are insufficient. They fail to capture both the social value being protected and the harms accomplished through these digital victimizations. This article argues that one’s digital presence can, in fact, be an extension of oneself. As such, one’s digital self can be …


In The Beginning There Was None: Supreme Court Review Of State Criminal Prosecutions, Kevin C. Walsh Jan 2015

In The Beginning There Was None: Supreme Court Review Of State Criminal Prosecutions, Kevin C. Walsh

Scholarly Articles

This Article challenges the unquestioned assumption of all contemporary scholars of federal jurisdiction that section 25 of the Judiciary Act of 1789 authorized Supreme Court appellate review of state criminal prosecutions. Section 25 has long been thought to be one of the most important provisions of the most important jurisdictional statute enacted by Congress. The Judiciary Act of 1789 gave concrete institutional shape to a federal judiciary only incompletely defined by Article III. And section 25 supplied a key piece of the structural relationship between the previously existing state court systems and the new federal court system that Congress constructed …